At the hearing on the motion, the court shall determine whether the plaintiff is entitled to the writ of attachment. If the court finds that the plaintiff is not entitled to the writ, it shall order the writ quashed, and any property levied on pursuant to the writ released.

Terms Used In South Dakota Codified Laws 21-17A-22

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Source: SL 1983, ch 168, § 22.